A CHOCOLATE factory worker who bit a chunk from another man's ear in a street fight escaped jail yesterday - but must pay his victim £2,000 damages.
Recorder Jonathan Gibson told Lea Barker, 27, said the injuries merited him being sent to prison for 18 months for maliciously wounding Stephen Lamb last August, but he accepted he was acting in self-defence and suspended the sentence for two years.
York Crown Court heard from Barker's barrister, Paul Williams, that the accused had overstepped the mark during a disturbance near a kebab takeaway in the centre of York, but said he was fighting for his life.
Barker, of Brailsford Crescent, Water Lane, York, was cleared of intending to cause Mr Lamb grievous bodily harm, but convicted of the lesser charge of malicious wounding.
He was also cleared of causing grievous bodily harm to Carol Louise Binks, who stepped into the melee and had her jaw broken by a punch.
Robert Terry, prosecuting, alleged Barker carried out an unprovoked and unjustified attack on Mr Lamb and, during the scuffle, bit off part of his ear leaving him scarred for life.
Barker said he was attacked by Mr Lamb and bit out in blind panic after having his hair pulled and being kicked by onlookers.
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